The Model Code of Conduct for Local Councils in NSW
PART 8 ACCESS TO INFORMATION AND COUNCIL RESOURCES
Councillor and administrator access to information
8.1 The general manager is responsible for ensuring that councillors and administrators can access information necessary for the performance of their official functions. The general manager and public officer are also responsible for ensuring that members of the public can access publicly available council information under the Government Information (Public Access) Act 2009 (the GIPA Act).
8.2 The general manager must provide councillors and administrators with the information necessary to effectively discharge their official functions.
8.3 Members of staff of council must provide full and timely information to councillors and administrators sufficient to enable them to exercise their official functions and in accordance with council procedures.
8.4 Members of staff of council who provide any information to a particular councillor in the performance of their official functions must also make it available to any other councillor who requests it and in accordance with council procedures.
8.5 Councillors and administrators who have a private interest only in council information have the same rights of access as any member of the public.
8.6 Despite clause 8.4, councillors and administrators who are precluded from participating in the consideration of a matter under this code because they have a conflict of interest in the matter, are not entitled to request access to council information in relation to the matter unless the information is otherwise available to members of the public, or the council has determined to make the information available under the GIPA Act.
Councillors and administrators to properly examine and consider information
8.7 Councillors and administrators must ensure that they comply with their duty under section 439 of the LGA to act honestly and exercise a reasonable degree of care and diligence by properly examining and considering all the information provided to them relating to matters that they are required to make a decision on.
Refusal of access to information
8.8 Where the general manager or public officer determine to refuse access to information requested by a councillor or administrator, they must act reasonably. In reaching this decision they must take into account whether or not the information requested is necessary for the councillor or administrator to perform their official functions (see clause 8.2) and whether they have disclosed a conflict of interest in the matter the information relates to that would preclude their participation in consideration of the matter (see clause 8.6). The general manager or public officer must state the reasons for the decision if access is refused.
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Use of certain council information
8.9 In regard to information obtained in your capacity as a council official, you must:
a) subject to clause 8.14, only access council information needed for council business
b) not use that council information for private purposes
c) not seek or obtain, either directly or indirectly, any financial benefit or other improper advantage for yourself, or any other person or body, from any information to which you have access by virtue of your office or position with council
d) only release council information in accordance with established council policies and procedures and in compliance with relevant legislation.
Use and security of confidential information
8.10 You must maintain the integrity and security of confidential information in your possession, or for which you are responsible.
8.11 In addition to your general obligations relating to the use of council information, you must:
a) only access confidential information that you have been authorised to access and only do so for the purposes of exercising your official functions
b) protect confidential information
c) only release confidential information if you have authority to do so d) only use confidential information for the purpose for which it is intended
to be used
e) not use confidential information gained through your official position for the purpose of securing a private benefit for yourself or for any other person
f) not use confidential information with the intention to cause harm or detriment to the council or any other person or body
g) not disclose any confidential information discussed during a confidential session of a council or committee meeting or any other confidential forum (such as, but not limited to, workshops or briefing sessions).
Personal information
8.12 When dealing with personal information you must comply with:
a) the Privacy and Personal Information Protection Act 1998 b) the Health Records and Information Privacy Act 2002
c) the Information Protection Principles and Health Privacy Principles d) the council’s privacy management plan
e) the Privacy Code of Practice for Local Government
Use of council resources
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8.13 You must use council resources ethically, effectively, efficiently and carefully in exercising your official functions, and must not use them for private purposes, except when supplied as part of a contract of employment (but not for private business purposes), unless this use is lawfully authorised and proper payment is made where appropriate.
8.14 Union delegates and consultative committee members may have reasonable access to council resources and information for the purposes of carrying out their industrial responsibilities, including but not limited to:
a) the representation of members with respect to disciplinary matters b) the representation of employees with respect to grievances and
disputes
c) functions associated with the role of the local consultative committee.
8.15 You must be scrupulous in your use of council property, including intellectual property, official services, facilities, technology and electronic devices and must not permit their misuse by any other person or body.
8.16 You must avoid any action or situation that could create the appearance that council property, official services or public facilities are being improperly used for your benefit or the benefit of any other person or body.
8.17 You must not use council resources (including council staff), property or facilities for the purpose of assisting your election campaign or the election campaigns of others unless the resources, property or facilities are otherwise available for use or hire by the public and any publicly advertised fee is paid for use of the resources, property or facility.
8.18 You must not use the council letterhead, council crests, council email or social media or other information that could give the appearance it is official council material:
a) for the purpose of assisting your election campaign or the election campaign of others, or
b) for other non-official purposes.
8.19 You must not convert any property of the council to your own use unless properly authorised.
Internet access
8.20 You must not use council’s computer resources or mobile or other devices to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature, or that could otherwise lead to criminal penalty or civil liability and/or damage the council’s reputation.
Council record keeping
8.21 You must comply with the requirements of the State Records Act 1998 and the council’s records management policy.
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8.22 All information created, sent and received in your official capacity is a council record and must be managed in accordance with the requirements of the State
Records Act 1998and the council’s approved records management policies and practices.
8.23 All information stored in either soft or hard copy on council supplied resources (including technology devices and email accounts) is deemed to be related to the business of the council and will be treated as council records, regardless of whether the original intention was to create the information for personal purposes.
8.24 You must not destroy, alter, or dispose of council information or records, unless authorised to do so. If you need to alter or dispose of council information or records, you must do so in consultation with the council’s records manager and comply with the requirements of the State Records Act 1998.
Councillor access to council buildings
8.25 Councillors and administrators are entitled to have access to the council chamber, committee room, mayor’s office (subject to availability), councillors’
rooms, and public areas of council’s buildings during normal business hours and for meetings. Councillors and administrators needing access to these facilities at other times must obtain authority from the general manager.
8.26 Councillors and administrators must not enter staff-only areas of council buildings without the approval of the general manager (or their delegate) or as provided for in the procedures governing the interaction of councillors and council staff.
8.27 Councillors and administrators must ensure that when they are within a staff only area they refrain from conduct that could be perceived to improperly influence council staff decisions.
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